CHAPTER X amendment shall be made upon the
PETITIONS AND ACTIONS AFTER
ORIGINAL REGISTRATION
Section 107. Surrender of withhold
duplicate certificates. Where it is
necessary to issue a new certificate of
title pursuant to any involuntary
instrument which divests the title of the
registered owner against his consent or
where a voluntary instrument cannot be
registered by reason of the refusal or
failure of the holder to surrender the
owner's duplicate certificate of title, the
party in interest may file a petition in
court to compel surrender of the same to
the Register of Deeds. The court, after
hearing, may order the registered owner
or any person withholding the duplicate
certificate to surrender the same, and
direct the entry of a new certificate or
memorandum upon such surrender. If
the person withholding the duplicate
certificate is not amenable to the process
of the court, or if not any reason the
outstanding owner's duplicate certificate
cannot be delivered, the court may order
the annulment of the same as well as the
issuance of a new certificate of title in
lieu thereof. Such new certificate and all
duplicates thereof shall contain a
memorandum of the annulment of the
outstanding duplicate.
- Vilbar vs Opinion – The Court
held that where a person has
acquired ownership of land through
a forced sale, he may have the
existing title thereto cancelled and
transferred to his name even if the
registered owner refuses or
neglects to surrender the owner’s
copy pursuant to Sec. 107, PD No.
1529.
- Valvuena vs Reyes – indicated
that “it is sufficient that notification
to the former owner is effected by
mail or by publication as the court
may order, and if despite such
notification he fails to appear and
surrender his certificate of title, the
court may validly order the
cancellation of that certificate of
title and the issuance of a new one
in favour of the new owner.
Section 108. Amendment and alteration
of certificates. No erasure, alteration, or
registration book after the entry of a
certificate of title or of a memorandum
thereon and the attestation of the same
be Register of Deeds, except by order of
the proper Court of First Instance. A
registered owner of other person having
an interest in registered property, or, in
proper cases, the Register of Deeds with
the approval of the Commissioner of
Land Registration, may apply by petition
to the court upon the ground that the
registered interests of any description,
whether vested, contingent, expectant or
inchoate appearing on the certificate,
have terminated and ceased; or that new
interest not appearing upon the
certificate have arisen or been created;
or that an omission or error was made in
entering a certificate or any
memorandum thereon, or, on any
duplicate certificate; or that the same or
any person on the certificate has been
changed; or that the registered owner
has married, or, if registered as married,
that the marriage has been terminated
and no right or interests of heirs or
creditors will thereby be affected; or that
a corporation which owned registered
land and has been dissolved has not
convened the same within three years
after its dissolution; or upon any other
reasonable ground; and the court may
hear and determine the petition after
notice to all parties in interest, and may
order the entry or cancellation of a new
certificate, the entry or cancellation of a
memorandum upon a certificate, or grant
any other relief upon such terms and
conditions, requiring security or bond if
necessary, as it may consider proper;
Provided, however, That this section
shall not be construed to give the court
authority to reopen the judgment or
decree of registration, and that nothing
shall be done or ordered by the court
which shall impair the title or other
interest of a purchaser holding a
certificate for value and in good faith, or
his heirs and assigns, without his or their
written consent. Where the owner's
duplicate certificate is not presented, a
similar petition may be filed as provided
in the preceding section.
All petitions or motions filed under this
Section as well as under any other
provision of this Decree after original
registration shall be filed and entitled in
the original case in which the decree or the rights of innocent purchasers in good
registration was entered. faith and for value.

Grounds for the amendment or

alteration of a Certificate of Title SEC. 109. Notice and replacement of
1) That the registered interests of any lost duplicate
description, whether vested, 1. Section 109 governs
inchoate, contingent or expectant replacement of lost duplicate
(VICE) appearing on the certificate, certificate
have terminated or ceased; - Law applicable in petitions for
2) That new interests not appearing the replacement of lost or
upon the certificate have arisen or destroyed OWNER’S
been created;
DUPLICATE CERTIFICATES
3) That an omission or error was
OF TITLES (ODCT)
made in entering a certificate or
any memorandum thereon, or, on 2. Petition for replacement, where
any duplicate certificate; filed
4) That the same or any person in the - RTCs have exclusive jurisdiction
certificate has been changed; over all applications for original
5) That the registered owner has registration of title
married, or, if registered married, - All petitions or motions after
that the marriage has been original registration shall be
terminated and no right or filed and entitled in the original
interests of heirs or creditors will case in which the decree of
thereby affected. registration was entered.
6) That corporation which owned the
registered land and has been Procedural requirements for
dissolved has not contravened the replacement
same within three (3) years after 1) SEND NOTICE TO THE RD
its dissolution; – the registered owner or
7) Upon any reasonable ground. other person in interest shall
send, under oath, of the loss
Exception to the Rule: or destruction of the ODCT to
1) Where the parties mutually agreed the RD of the province or city
or have acquiesced in submitting
where the land lies as soon
controversial issues for
as the loss or destruction is
determination;
2) Where they have been given full discovered.
opportunity to present their 2) FILING OF PETITION IN
evidence; COURT (RTC) – the
3) Where the court has considered the corresponding petition for the
evidence already of record and is replacement of the loss or
convinced that the same is destroyed ODCT shall then
sufficient for rendering a decision be filed in court and entitled
upon such controversial. in the original case in which
Note: the decree of registration
a) No amendment or alteration of was entered.
decree is permitted except upon 3) STATE THE FACTS &
order of the Court.
CIRCUMSTANCES – the
b) Interested party must be duly
petition shall state the facts
notified (if not, violation of due
process) and circumstance
surrounding such loss or
GR: No limitation is fixed for filing a destruction.
petition under Section 108. 4) SET FOR HEARING – the
XPN: If the Petition would have the court shall set the petition for
effect of reopening the decree of hearing, after due notice to
registration, and could thereby impair the RD and all other
interested parties as shown
 in the memorandum of
encumbrances noted in the
original or transfer CT on file
in the office of the RD.
5) ISSUANCE OF A NEW
DUPLICATE CERTIFICATE
– after due notice and
hearing, the court may direct
the issuance of a new
duplicate certificate which
shall contain a memorandum
of the fact that it is issued in
place of the lost or destroyed
certificate and shall in all
respects be entitled to the
same faith and credit as the
original duplicate.
Note:
- there is no requirement for the
publication of the petition for
replacement of lost or destroyed
certificate.
- Where the ODCT is not in fact lost or
destroyed, a petition for the
issuance of a new ODCT is
unwarranted, as in fact the court
has no jurisdiction over the petition,
and any owner’s duplicate issued
pursuant to said petition is null and
void.
SEC. 110. Reconstitution of lost or
destroyed original of Torrens title
1. Reconstitution
- denotes restoration of the lost
title in its original form and
condition of a lost or destroyed
original or transfer certificate of
title (OTCT) on file in the office
of the RD
- purpose: have the title
reproduced in exactly the same
way it was at the time of its loss
or destruction
- The order granting
reconstitution of title confirms
the fact that the subject land
had been previously registered
and covered by a Torrens Title.
- The fact that the title was lost
does not mean that the lot
ceased to be a registered land
before the reconstitution of its
title. As the subject land did
not cease to be titled, it
cannot be acquired by
acquisitive prescription.
- When the ODCT has not been
lost but is in fact in the
possession of another person,
then the reconstituted certificate
is void.
- Where a CT over a parcel of
land was reconstituted judicially
and later it was found that there
existed a previous CT covering
the same land in the name of
another person, the existence
of the prior title ipso facto
nullified the reconstitution
proceedings.
2. Proof required for
reconstitution
a) That a CT had been lost or
destroyed;
b)That the documents
presented by petitioner are
sufficient and proper to warrant
reconstitution of the lost or
destroyed CT;
c) That the petitioner is the
registered owner of the
property or had an interest
therein;
d)That the CT was in force at the
time it was lost or destroyed;
and
e) That the description, area
and boundaries of the
property are substantially the
same and those contained in
the lost or destroyed CT.
3. Sources of reconstitution
a. For original certificates of
title
a) The ODCT;
b) The co-owner’s,
mortgagee’s, or lessee’s
DCT;
c) A certified copy of the CT,
previously issued by the
RD or by a legal custodian
thereof;
d) An authenticated copy of
the decree of registration
or patent, as the case
may be, pursuant to
 which the OCT was of the court, is sufficient
issued; and proper basis for
e) A document, on file in the reconstituting the lost or
RD, by which the destroyed CT
property, the description
of which is given in said c. For liens and
document, is mortgaged, encumbrances
leased or encumbered, or a) Annotations or
an authenticate copy of memoranda
said document which, in appearing on the
the judgement of the owner’s co-owner’s
court, is sufficient and mortgagee’s or
proper basis for lessee’s duplicate;
reconstituting the lost or b) Registered document
destroyed CT. on file in the RD or
authenticated copies
Note: survey plan and technical
thereof showing that
description of the land are not
the originals thereof
sources for reconstitution of
title. had been registered;
b. For transfer certificates of and
title c) Any other document
a) The ODCT; which, in the
b) The co-owner’s, judgment of the
mortgagee’s, or lessee’s court, is sufficient and
DCT; proper basis for
c) A certified copy of the CT, reconstituting the
previously issued by the liens or
RD or by a legal custodian encumbrances
thereof; affecting the property
d) The deed of transfer or covered by the lost or
other document, on file in destroyed CT.
the RD, containing the
description of the d. Meaning of any other
property, or an document
authenticated copy - Refers to documents
thereof, showing that its similar to those
original had been previously enumerated
registered, and pursuant therein, that is, those
to which the lost or mentioned in Sections
destroyed TCT was (a), (b), (c), (d) and (e).
issued. (Republic v.
e) A document, on file in Intermediate Appellate
the RD, by which the Court and Kiram)
property, the description - Survey plan, technical
of which is given in said description of the
document, is mortgaged, property, lot data
leased or encumbered, computation and tax
or an authenticated copy declarations are not
of said document competent and sufficient
showing that its original sources of
had been registered; reconstitution. They are
and merely additional
f) Any other document documentary
which, in the judgement requirements.
e. LRC Circular No. 35, s. 1983 a) That the ODCT had
1. CT lost or destroyed for been lost or
any cause shall be destroyed;
judicially reconstituted in b) That no co-owner’s
accordance with the mortgagee’s or
provisions of RA 26 lessee’s duplicate had
2. All petitions for been issued, or, if nay
reconstitution shall be had been issued, the
directly filed in duplicate same had been lost or
with the COC of the RTC destroyed;
of the province or city c) The location, area
where the property is and boundaries of the
situated serving copied property;
thereof and its annexes to d) The nature and
the following: description of the
a. RD concerned buildings or
b. Director of Lands improvements, if any,
c. Solicitor General which do not belong
d. Corresponding to the owner of the
provincial or city fiscal land, and the names
3. Within 5 days from and addresses of the
receipt of the petition, the owners of such
COC shall forward to this buildings or
Administration a signed improvements
copy of the petition e) The names and
together with the addresses of
necessary requirements occupants or persons
xxx in possession of the
4. Where the reconstitution property, of the
is to be made from the owners of the
sources enumerated in adjoining properties
Sections 2 and 3 (a-e) of and all persons who
the RA 26, signed may have interest in
duplicate copy of the the property;
petition to be forwarded f) Detained description
to this administration of the encumbrances,
must be accompanied if any, affecting the
5. xxx (sobrang haba na property; and
enumeration to.. and g) A statement that no
hindi to lalabas sa exam) deed or other
instruments affecting
f. Where to file petition; the property have
contents been presented for
- Shall be filed by the (i) registration, or, if
registered owner, (ii) his there be any, the
assigns, or (iii) any person registration thereof
having an interest in the has not been
property with the RTC of accomplished, as yet.
the province or city where
the land lies based on g. Judicial reconstitution
sources. under RA No. 26 is an
- The petition shall state the action in rem;
ff: reconstituted title not
subject to the reservation
under Sec. 7 thereof
 - Applies only in cases of municipal building;
reconstitution of LOST and
OR DESTROYED c) Mailed to every
ORIGINAL person named in the
CERTIFICATES ON FILE notice whose address
with the RD. is known
- It is action in rem, - Failure to comply with
meaning it is one directed such requirements will
not only against a nullify the decree of
particular persons, but reconstitution
against the thing itself.
- Its object is to bar
indifferently all who might
minded to make any
objection against the right A. Compliance with jurisdictional
sought to be enforced, requirements mandatory
hence the judgment
therein is binding 1.What are the jurisdictional
theoretically upon the requirements in petition of
whole world. reconstitution of title?
A judicially reconstituted
title has the same validity a. Publication
and legal effect as the  Published twice in the Official
original thereof, and is not Gazette or newspaper of
subject to the reservation general circulation
that it shall be without b. Posting
prejudice to any party  Posted on the main entrance
whose right or interest in of the provincial building and
the property was duly of the municipal building of
noted in th original at the the municipality or city,
time of loss or destruction where the land is situated.
but which entry or c. Service of notice are mandatory
notation has not been  Sent by registered mail to
made on the reconstituted every person named in said
title. notice
h. Requirements of notice by
publication, posting and Note: These requirements are sine qua
mailing jurisdictional non.
- Under Section 13, it is
2. Purpose of jurisdictional
required that the notice of
requirements in petition for title?
the petition be:
a) Published in the OG; a. They provide constructive notice to
- Requires the whole world of the in rem
publication since reconstitution proceedings.
this is proceeding b. Apprise all interested parties of the
in rem existence of such action
- Without c. To give ample time to intervene in
publication, the the proceedings.
order of
reconstitution is  Notice Requirement; Illustrative
null and void and Cases
 Requirements of publication,
of no effect.
posting and notice to adjoining
b) Posted on the main
owners mandatory
entrance of the
corresponding
provincial capitol and
B. Court or reconstituting body lacks or city where the loss or
jurisdiction over a petition for destruction of titles occurred.
reconstitution where there is not
title to be reconstituted, or where a F.Administrative reconstitution:
previous title in face exists requirements

1. Where reconstituted title is a 1. Who may file?

nullity, the order for reconstitution
may be attacked at any time
2. Where there exists a previously
issued title which is allegedly
fraudulent, the remedy is to first
directly assail the validity of said
title before the proper court
3. Reconstitution is improper where
purported sources are dubious
4. Petitioner not without remedy
where petition is denied.
C. Petition for reconstitution may be
barred by laches
Filing of petition for reconstitution later
than the prescribed period is barred by
laches.
Laches is the negligence of omission to
assert a right within a reasonable tie,
warranting the presumption that the
party entitled to assert it either has
abandoned or declined to assert it.
D. Writ of possession not proper in a
reconstitution proceeding
1. May a writ if possession be issued
in a petition for reconstitution?
No, because reconstitution does not
adjudicate ownership over the property.
A writ of possession is issued to place the
applicant-owner in possession.
E. Duty of LRA to prepare inventory
a. After the loss or destruction of
titles to be reconstituted, a true,
complete and faithful inventory
of all books, titles, documents,
cash and property in the RoD
concerned shall be prepared by the
LRA.
b. Duly signed and certified under
oath by the Administrator, shall be
published in a newspaper of
general circulation in the province
1. Registered owner
2. His assigns
3. Other person, both natural and
juridical, having interest in the
party.
What are the sources of
reconstitution?
1. There is no deed or other
instrument affecting the property
had been presented for
registration, or, if there be any, the
nature thereof, the date of its
presentation, as well as the names
of the parties, and whether the
registration of such deed or
instrument is still pending
accomplishment;
2. That the owner’s duplicate
certificate or co-owner’s duplicate
certificate is in due form without
any apparent intentional
alterations or erasures;
3. That the certificate of the title is
not the subject of investigation or
litigation or investigation,
administrative or judicial, regarding
its genuineness or due to execution
or issuance;
4. That the certificate of title was in
full force and effect at the time it
was lost or destroyed;
5. That the certificate of title is
covered by a tax declaration
regularly issued by the Assessor’s
Office; and
6. That the real estate taxes have
been fully paid up to at least two
(2) years prior to the filing of the
petition for reconstitution.
d. Remedy of aggrieved party
What is the status of a reconstituted
title obtained by means of fraud,
deceit or other machination?
VOID AB INITIO as against the party
obtaining the same and all persons
having knowledge thereof.

What is the duty of LRA in cases
where the subject property is
already covered by an existing
Torrens Title in the name of other
person?
There is nothing further the LRA can do
but to dismiss the petition.
What are the remedies of aggrieved
party?
1. Appeal from the order or decision
of reconstitution issued by the
reconstitution officer or the RoD to
the LRA Administrator who may
receive, review, reverse modify, or
affirm it.
2. Petition for review on the ground of
fraud, accident, mistake or
excusable negligence filed with the
proper court.
Note: The decision of the LRA may be
appealed within 15 days from the receipt
of the judgment or order by the
aggrieved party, to the Court of Appeals.
Decisions of the LRA on administrative
reconstitution is an executive function;
not subject to res judicata
Is the decision of LRA in case of
administrative reconstitution of the
title final and executory?
No. It will never become final and
executory.
May LRA revoke its issuances of a
reconstituted title if the loss or
destroyed title is found?
Yes.
Is the decision of the LRA o
administrative reconstitution subject
to res judicata?
No. Because the issuance by the LRA of a
reconstituted title is an executive
function, not judicial or quasi-judicial
function. Only judicial or quasi-judicial
decision can become res judicata.
Where does the doctrine of res
judicata applies?
Only to judicial and quasi-judicial
proceedings and NOT to the exercise of
administrative power or to legislative,
executive or ministerial determination.
Issuance and reproduction of
reconstituted titles
1. All reconstituted titles shall be
reproduced by the Land
Registration Authority in at least
three (3) image copies or in
whatever means by which the
original can be reproduced.
2. One copy to be kept to by the
National Library Archives Division
and the third copy to be secured in
a government fire-proof vault,
preferably in the Security Printing
Plant of the Central Bank.
3. Such image copy of the original
copy of the reconstituted title shall
be considered after due
authentication by the Land
Registration Authority, through the
Registry of Deeds in the province
or city where the land is located.
4. After the reconstitution, said
owner’s duplicate or co-owner’s
duplicate exhibited as basis for the
reconstitution shall be surrendered
to the RoD and a new certificate of
title shall be issued in lieu thereof.
5. The original thereof shall be kept
by the RoD and the duplicate be
delivered to the owner.
Summary of principles in
reconstitution proceedings
1. Can a title be cancelled?
Answer: Yes. Only in a proceeding
directly attacking the title’s validity
before the proper Regional Trial
Court
2. A reconstitution of Torrents Title,
whether judicial or administrative,
cannot proceed once it is shown
that another Torrents Title has
already been issued to another
person over the same property.
3. The reconstituting officer or court
has no jurisdiction to issue another
Torren Title over the same
property to the petitioner. The
existence of a prior title is ipso
 facto nullifies the reconstitution
proceedings

What is the purpose of the

reconstitution of the torrents title?

The purpose of the reconstitution is

solely to a replace a certificate of title
which was already lost or destroyed in
the same legal status it existed at the
time of the lost or destruction.

Does the absence of any document,

private or official, mentioning the he
date when the title was issued, be a
valid ground for the dismissal of the
petition for the reconstitution of
title?

No. It does not warrant the granting of a

petition for reconstitution.